People v Morales, Pascual
Motion No: 2015-05552
Slip Opinion No: 2019 NY Slip Op 66405(U)
Decided on March 27, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261425

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2015-05552

The People, etc., respondent,

v Pascual Morales, appellant.

(Ind. No. 869/14)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to discontinue an appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 2015, as a result of the appellant's death on April 19, 2018.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the appeal is dismissed and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770), and the motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court